What is the ruling concerning the status of the child born to a mortgaged slave and the pledgor?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledgor fathers a child through intercourse with the mortgaged female slave, the child's existence results in the mother acquiring the status of 'Umm Walad,' removing her from the collateral, and the pledgor becomes liable for her value at the time of conception. This is established according to the People of Reason (Ahl al-Ra'y).
Supporting text
The view of Imam Malik states that if the slave is permitted to go out to the pledgor and returns to him, she is removed from the pledge. If he forces his way in, her offspring is taken, and she is sold.